1967 Supreme(All) 121

Allahbad High Court
SATISHCHANDRA
G. S. Chooramani - Appellant
Versus
State of U. P. - Respondent
Decided On : 10/25/1967

Headnote:

CONSTITUTIONAL LAW - ARTICLE 31-A - THEKEDARI ABOLITION ACT, 1958 - VALIDITY - APPLICABILITY TO CULTIVATORY LEASES - COMPENSATION - SECOND PROVISO TO ARTICLE 31-A - SCOPE AND EFFECT - SEVERABILITY - ARTICLE 31(2) - VIOLATION.

Fact of the Case:

The petitioners challenged the constitutional validity of the U. P. Government Estates Thekedari Abolition Act, 1958, and sought to quash the notification dated June 30, 1966, issued by the State Government under Sec. 3 of that Act, determining the lease held by them. The main grounds of challenge were that the Act applied to thekedari leases alone and not to cultivatory leases, that it violated Article 31-A of the Constitution by not providing for constitutionally prescribed compensation at the market rate, and that it infringed Article 31 of the Constitution by providing for illusory compensation.

Finding of the Court:

The Court held that the Act applied to all leases made in respect of the Government estates, including cultivatory leases, and that the intention of the legislature was not to uproot cultivators or tenure-holders, but only to abolish the thekedari system. The Court further held that the Act violated the second proviso to Article 31-A of the Constitution, which came into force on 20th June, 1964, as it sought to acquire land under personal cultivation and within the ceiling limit of the lessees, without providing for payment of compensation at the market rate. The Court also held that the Act was not severable and that the impugned notification dated 30th June, 1966, was void.

Issues: 1. Whether the Thekedari Abolition Act, 1958 applied to cultivatory leases? 2. Whether the Act violated Article 31-A of the Constitution by not providing for constitutionally prescribed compensation at the market rate? 3. Whether the Act infringed Article 31 of the Constitution by providing for illusory compensation?

Ratio Decidendi: 1. The Court held that the Act applied to all leases made in respect of the Government estates, including cultivatory leases, based on the wide and general language of the definition clauses in section 2 of the Act, the second notification issued by the State Government determining all leases in respect of Government Estates, and the statement of objects and reasons of the Bill which indicated that the Act was intended to abolish the thekedari system and not to uproot cultivators. 2. The Court held that the Act violated the second proviso to Article 31-A of the Constitution, which came into force on 20th June, 1964, as it sought to acquire land under personal cultivation and within the ceiling limit of the lessees, without providing for payment of compensation at the market rate. The Court held that the second proviso gave a substantive guarantee and conferred a fresh fundamental right, and that its violation would make the Act unconstitutional. 3. The Court held that the Act was not severable, as the principles of severability required that the valid and invalid provisions be so distinct and separate that after striking out what is invalid, what remains is in itself a complete code independent of the rest, and that the Act made a single scheme which was intended to be operative as a whole.

Final Decision: The petitions were allowed. The U. P. Government Estates Thekedari Abolition Act No. 1 of 1959 was declared to have become unconstitutional and void with effect from 20-6-1964. The impugned notification dated 30th June, 1966 issued by the State Government determining the petitioners' lease and also the notice issued by the Deputy Commissioner, Naini Tal were quashed. The petitioners were entitled to their costs which were assessed at Rs. 500/- in each case.